Not a whistleblower if involved, says MACC about third individual to be charged in Sabah mining scandal

Not a whistleblower if involved, says MACC about third individual to be charged in Sabah mining scandal

KUALA LUMPUR, June 19 — The Malaysian Anti-Corruption Commission (MACC) has clarified that the individual who will be charged alongside two Sabah assemblymen over a corruption case involving mineral mining licences is not entitled to protection under the Whistleblower Protection Act 2010.‍

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KUALA LUMPUR, June 19 — The Malaysian Anti-Corruption Commission (MACC) has clarified that the individual who will be charged alongside two Sabah assemblymen over a corruption case involving mineral mining licences is not entitled to protection under the Whistleblower Protection Act 2010.

MACC’s Legal and Prosecution Senior Director, Datuk Wan Shaharuddin Wan Ladin, said Section 11(1) of the Act explicitly states that anyone involved in the offence they report is not eligible for whistleblower protection.

“If a person is complicit in the wrongdoing, they are not protected under the Act and therefore cannot be regarded as a whistleblower,” he told Bernama yesterday.

He further explained that to qualify for protection, reports must be made in good faith to recognised enforcement agencies such as the MACC, the Royal Malaysia Police (PDRM), or other authorised government bodies.

“Reports made with malicious intent — for example, to exact revenge or smear someone's reputation — do not fulfil the requirements for protection,” he added.

Wan Shaharuddin emphasised that Section 11(1) clearly requires a whistleblower to not be involved in the misconduct they are reporting. If they are found to be complicit, any protection granted can be revoked.

“This safeguard is crucial to uphold the credibility of the whistleblower framework and prevent it from being abused by wrongdoers attempting to avoid accountability,” he said.

Earlier, the individual’s lawyer claimed that his client had acted as a whistleblower and cooperated with authorities, but was later informed that he would face charges in court on June 30.

This comes after several viral video clips allegedly capturing conversations between certain individuals and Sabah elected representatives about corrupt practices related to mineral mining licences began circulating on social media.

Previously, MACC chief commissioner Tan Sri Azam Baki confirmed that two Sabah assemblymen and another individual would be charged in court this month in connection with the case. — Bernama

Its Legal and Prosecution Senior Director, Datuk Wan Shaharuddin Wan Ladin, explained that under Section 11(1) of the Act, individuals who are involved in the offence they report are not entitled to protection. — Picture by Choo Choy May

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